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Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)

....result, therefore, these appeals are al­lowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......n 96(1) of the East Bengal State Acquisition and Tenancy Act for pre-emption of the case land against the respondent the pre-emptee impleading thereto all the co-sharers of the holding and contiguous tenants. This petition had been marked as Miscellaneous Case No. 112 of 1981 in the Court of the Sub..

Category: Procedural Law | Date: | Hits: 84

Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)

....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......lt: The appeal is al­lowed. The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(3) The only question is when the section is applicable. It can come into operation only if the tenant has not only sub-let but also transferred such commercial undertaking together with the premi..

Category: Criminal Law | Date: | Hits: 47

Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)

.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......r under section 115 of the Code of Civil Procedure acted on correct principle in the ex­ercise of jurisdiction in disturbing the appellate court’s finding of fact that the appellant is a co-sharer tenant. 5. Mr. M.H. Khondker, learned Counsel for the appellant in support of the appeal submitt..

Category: Property Law | Date: | Hits: 33

Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)

....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ...... kabala land by mak­ing partial deposit and in the absence of all necessary parties is not maintainable. 3. The learned Subordinate Judge held that the application for partial pre-emption by the tenants having land contiguous to two plots transferred, was maintainable; and the deposit made by t..

Category: Property Law | Date: | Hits: 32

Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)

....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......d used to run a tea stall there, Bhupal Chandra Bardan gave 'Bondabosta' of the suit land to Haran Chandra Das and the original owner of the suit land Kulsum Banu recognized Haran Chandra Das as a tenant under her and she realized rent from him. It was further alleged that the contesting defenda..

Category: Procedural Law | Date: | Hits: 71

Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)

.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......os. 1-10. 5. The trial Court on consideration of the materials on record decreed the suit with the finding that no paper has been filed by the defendants to establish that plaintiff is their tenant, that the documents showing transfer and re-transfer of the land in suit by the plaintiff a..

Category: Property Law | Date: | Hits: 36

Syed Nizamuddin Mohsin Vs. People's Republic of Ban­gladesh, 1989, 18 CLC (AD)

....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ............................................................................ (2) Notwithstanding anything contained in any other law for the time being in force, the right, title and interest of the tenant or his successors-in-interest shall be extinguished in such lands or portion thereof, wheth..

Category: Property Law | Date: | Hits: 42

Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)

.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......3 (XX of 1963), sections 2 (18), 18(5) and 19 The Transfer of Property Act, 1882 (IV of 1882), Section 111 (g) & 116 There is no provision of law for determining the tenancy on the ground of the tenant becoming undesirable unless the tenant comes within the mischief of forfeiture under section ..

Category: Property Law | Date: | Hits: 45

Samiruddin Ahmed alias Samir Mia alias Md. Samirud­din Vs. State, 1987, 16 CLC (AD)

....­lowed. The impugned orders of conviction and sen­tence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......on 22.12.82 at about 10/ 10.30 a.m. the accused-appellant along with 10/12 others forcibly entered into holding No.366, West Rampura belonging to the informant's brother, Ab­dul Majid, assaulted the tenant of the said holding, Rahima Begum, ousted her there from and looted away certain articles i.e..

Category: Criminal Law | Date: | Hits: 59

Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)

.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......gaged in profitable indigo cultivation of the entire ejmali land treating it as if it were their "own and exclusive" property. The principal question of law raised in that case was as to the right of tenants-in-common, inter se, to cultivate or to restrain the cultivation of the land. Both the trial..

Category: Others | Date: | Hits: 106

Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)

....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......nment was not raised cither in the pleading or in the proceeding at any time. As a matter of fact, the question of attornment does not arise at all because the defendant's case is that he was never a tenant under anybody including the plaintiff’s predecessors. He denied having paid any rent at all..

Category: Others | Date: | Hits: 96

Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)

.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first ap­pellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......e suit land measuring .33 decimals recorded in Plot No. 1177 under C.S. Khatian No. 755 originally be longed to Radha Prasanna Biswas and others who took settlement of the land from the C.S. recorded tenant Nabin Chandra Mondal at a jama of Tk. 3/12/- anna in 1329 B.S. Radha Prasanna Biswas and othe..

Category: Property Law | Date: | Hits: 46

Abdul Kader & ors. Vs. A. K. Noor Moham­mad & ors., 1984, 13 CLC (AD)

....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......a Kumar Ray vs. Dhirendra Nath Mondal, (1948-49) 53 CWN 879, prin­ciples regarding adverse possession have been referred to the facts concerned show when the Possession of the mortgagor’s tenant be­came adverse to the mortgagee. It became adverse to the mortgagee when he was entitl&..

Category: Property Law | Date: | Hits: 36

Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)

....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 220. ......urt, namely, "is the petitioner a co-sharer in the disputed holding", it was necessary for the ends of justice to determine the question whether the respondent No. 1 was still a co-sharer tenant in the holding at the time of filing the application for pre-emption. Had the point been de..

Category: Property Law | Date: | Hits: 34

Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)

....owed. The impugned order of the High Court Divi­sion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......t by the new land­lord to whom no rent was paid in spite of notice of the transfer. The new landlords are certainly entitled to receive rent since the transfer and this rent not having been paid the tenants were defaulters. Termination of tenancy by notice has not been challenged. The order of rema..

Category: Tenancy Law | Date: | Hits: 166

Sadullah Pramanik & ors. Vs. Md. Khalilur Rah­man & ors., 1984, 13 CLC (AD)

....ed with costs.                  Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......mber 23, 1983. The Bengal Tenancy Act, (Amendment)1928, Section 3(7) Cultivation of land of another person on condition of delivering a share of the produce to that person is not a tenant unless such person has been expressly admitted to be a tenant by his landlord in any documen..

Category: Property Law | Date: | Hits: 27

Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)

.... substance in the contention raised on behalf of the appellant. The appeal is dismissed without how­ever any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......13 of 1983. (From the Judgment and order dated 22-11-1982 passed by the High Court Division in Civil Revision No. 1161 of 1982.) Judgment Shahabuddin Ahmad J.- The appellant is a monthly tenant of the respondents in res­pect of the premises in question. He has been ordered to be ejecte..

Category: Tenancy Law | Date: | Hits: 111

Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)

....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......did, however, arise before the amendment of section 26G allowing transfer of occupancy holding. In Sarat Kumar Banerjee v. Munshi Abdul Bari, (1931-32) 36 CWN 844, it was held that "where the tenant of a non-transferable occupancy hold­ing gave a usufructuary mortgage thereof to a third..

Category: Property Law | Date: | Hits: 35

Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)

....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......, 1908 (V of 1908), Section 100 The land was not leased out but the premises thereupon was leased on monthly basis. Therefore, continuous occupation of the premises for over 12 years by the tenant did not bring him within the category of "Non-Agricultural tenants" and as such th..

Category: Property Law | Date: | Hits: 39

Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)

....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed.  Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 14. ......l agreement to that effect all the members of an ordi­nary partnership are interested in  the whole of the partnership property but, it is not quite clear whether they are interested therein as tenants in common, or as joint tenant without benefit of survivorship if indeed there is any differe..

Category: Criminal Law | Date: | Hits: 146